SHINI @ SHINI BABU Vs. R.VIRUTHAN

JUDGEMENT

(1.) The appeal has been filed against the award passed in O.P.M.V No.592/2004 on the file of Motor Accidents Claims Tribunal, Thiruvananthapuram (in short 'Tribunal'). The claim petition has been filed under Sec. 166 of Motor Vehicles Act, 1988 (in short 'the Act') for the injury sustained by the appellant/claimant in a motor accident occurred on 18/2/2004 at about 12.20 p.m near Kowdiar due to hit by motorcycle bearing Reg.No.TMD-4296. It is alleged that the accident happened due to the rash and negligent riding of the motorcycle by the 1st respondent who is the registered owner of the vehicle. 2nd respondent is the insurer. The appellant claimed a total compensation of Rs.2,50,000.00.

(2.) Before the Tribunal 1st respondent remained ex parte. 2nd respondent filed written statement admitting policy coverage with respect to the offending vehicle. But the compensation claimed is contended to be excessive and exorbitant.

(3.) This claim petition was tried along with O.P (M.V) No.589/2004 and a common award was passed. Exts.A1 to A11 were marked from the side of the claimants in both cases. There was no oral evidence from either side.